Health care-associated infections are among the leading causes of death, increased morbidity in hospitalized patients, costs for the health system and for the community in general. They are usually a reason for litigation in matters of medical professional liability. Although, at present it is conceived that its genesis is the responsibility and obligation of each and every one of the actors that participate in the care of the patient; It turns out to be a difficult matter for the judge at the time of issuing a sentence.